Terms Of Use

Last Updated: November 23, 2015

Purpose and Use

ELS Educational Services, Inc. ("ELS") permits access to our websites, including, without limitation, any website, URL, or application of ours that we have linked to this Privacy Policy (collectively "websites"), free of charge to provide information about ELS' products and services. To ensure a safe, non-offensive environment for all of our users we have established these Terms of Use, which explain the rules of use for our websites. By continuing to access or use our websites, users agree to be legally bound and to abide by terms set forth below.

Eligibility

Our websites are intended solely for persons who are 18 or older. Any access to or use of our websites by anyone under 18 is expressly prohibited. By accessing or using our websites you represent and warrant that you are 18 or older.

Content Ownership and Permissions

Our websites and their content are protected by copyright, trademark, and other laws of the United States and foreign countries. ELS and its licensors exclusively own all right, title and interest in and to the content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the content. No licenses or rights are granted to you by implication or otherwise in or to any intellectual property rights owned or controlled by ELS or its licensors.

Subject to your compliance with the terms and conditions of these Terms of Use, ELS authorizes you to download, view and print any content provided on our websites, solely for your personal and non-commercial use, and subject to the terms and restrictions set forth in these Terms of Use. No content on our websites may be otherwise reproduced, stored, altered or further distributed without our prior written permission. Requests for permission should be sent in writing to our headquarters office at the address below.

Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or

Hijacking all or any part of the website content, deleting or changing any website content, or linking to the websites without our specific written permission.

(b) General Rules.

Users agree to use the websites only for lawful purposes. Users may not use the websites to post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates ELS, its subsidiaries and/or affiliates, or a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).

(c) Violations

ELS has absolute discretion to determine if any use violates these rules, and to act as it deems appropriate in the event of any violation. Violations of system or network security may result in civil or criminal liability. ELS will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.

(d) Termination of Usage

ELS may terminate or suspend a user's access to all or part of the websites, without notice, for any conduct that ELS, in its sole discretion believes is in violation of these Terms of Use, any applicable law, or is harmful to the interests of another user.

Submissions

ELS' policy is not to accept or consider any unsolicited ideas or materials of any kind. Do NOT submit any such materials. If you violate this prohibition, we reserve the right to consider all materials submitted as non-confidential and free of any claims of proprietary or personal rights. Such material and all rights will be our property, free and clear of any claims by you or others, and we will be able to use them for any purpose, including advertising and promotion, without compensation or any other obligations to anyone, including you.

Internet and Links

ELS assumes no responsibility for the security of our websites or your communications with our websites on the internet. It is strictly prohibited to link other sites with our websites without ELS' prior written permission. We may permit some links for convenience, but ELS is not responsible for any unaffiliated sites to which it is linked or for material posted to our websites by anyone other than ELS. Links to unaffiliated sites or resources do not imply any endorsement by ELS of such sites or resources or the content, products, or services available from such sites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such sites or resources. ELS makes no representations or warranties about the content, completeness or accuracy of the links or the sites linked to our websites. Please note that the site rules and privacy policies of linked sites may differ from those of ELS and should be reviewed by you when you access any other site.

Prohibited Uses

It is strictly prohibited to disrupt or damage our websites, their contents or their security measures or to harass or disparage ELS or our products or services or personnel. No unsolicited email (spam) may be directed to or through our websites.

Digital Millennium Copyright Act ("DMCA") Notice

ELS Educational Services, Inc. owns, protects and enforces copyright in its own creative materials and respects the intellectual property of others. Our websites contain materials of third-parties and links to third-party sites, portals and directories. As a result, materials of third-parties, not owned or controlled by ELS, are included in or linked to our websites or are stored or transmitted by or over the ELS websites. To the best of ELS' knowledge, these materials do not infringe the copyrights of others. Upon receipt of proper notice of claimed infringement (the next paragraph explains how to give proper notice), ELS will respond expeditiously by removing or disabling access to materials claimed to be infringing or by removing or disabling access to links to such material. It is the policy of ELS to terminate its relationships with third-parties who repeatedly infringe the copyrights of others where such parties are known to ELS to be repeat infringers in connection with their use of the ELS websites, links, or storage and communication systems and networks.

How to Provide Notice of Infringement Claims

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ELS' Agent for Notice listed below with the following information in a written notice:

(1.) An identification of the copyrighted work (or a list of copyrighted works) that you claim has been infringed upon;

(2.) A description of the material that is claimed to be infringing and provide enough detail that we may find it on our websites;

(3.) Your address, telephone number, and email address;

(4.) A statement that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law;

(5.) A statement that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf; and,

(6.) Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.

ELS’ designated Agent for Notice of claims of copyright infringement can be reached as follows:

ELS follows the procedures outlined in the DMCA with regard to appropriate notifications of the user and the complaining party, acceptance of counter notifications, and where indicated, “putback” of the alleged infringing material. Refer to the United States Copyright Office for the provisions of the DMCA at www.loc.gov/copyright/legislation/dmca.pdf.

Disclaimers

OUR WEBSITES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON OUR WEBSITES. WITHOUT LIMITING THE FOREGOING, ELS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, FREEDOM FROM COMPUTER VIRUS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

ELS MAKES NO WARRANTY THAT THE WEBSITES AND CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ELS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITES OR THE ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY ELS CONTENT OR INFORMATION OBTAINED THROUGH THE WEBSITES.

ELS DOES NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE WEBSITES WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. ELS DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF OUR WEBSITES.

Indemnity

You agree to defend, indemnify, and hold ELS, its owners, subsidiaries, affiliates, officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the websites or content, or your violation of these Terms of Use.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITES AND CONTENT REMAINS WITH YOU. Neither ELS nor any other party involved in creating, producing, or delivering the websites or content will be liable for any direct, indirect, incidental, special, exemplary, consequential or other damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, arising out of or in connection with these Terms of Use or from the use of or inability to use the websites or content, whether based on warranty, contract, tort (including negligence), negligence, product liability or any other legal theory, and whether or not ELS has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. ELS WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD-PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE WEBSITES. In no event will ELS’ aggregate liability arising out of or in connection with these Terms of Use or from the use of or inability to use the websites, or content exceed twenty-five U.S. dollars ($25).

Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, ELS’ liability will be limited to the fullest extent permitted by applicable law.

If you are dissatisfied with any portion of the websites, or with these Terms of Use or any other policy applicable to the websites, your sole and exclusive remedy is to discontinue using the websites. This sole and exclusive remedy is separate and independent of any other provision that limits ELS' liability or your remedies.

Applicable Law

Our websites are controlled by ELS in New Jersey, USA. By using the websites, regardless of where you live or are located in the world, you agree that these Terms of Use and any action related thereto will be governed by the laws of the State of New Jersey without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in New Jersey, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Acceptance

By using the websites, user accepts and is subject to the terms and conditions set forth in this Terms of Use which govern all use and all results thereof.

Revision

ELS reserves the right to make changes to the websites and to the terms and conditions set forth in this Terms of Use at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the websites. Your continued use of the websites indicates your acceptance of any modifications to these Terms and Conditions.

Miscellaneous

If any part of the Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The Terms of Use constitute the entire agreement between ELS and you regarding the websites.

Warning:

ANY USE OF THE ELS WEBSITES IN VIOLATION OF THESE RULES CONSTITUTES TRESPASS AND/OR INFRINGEMENT OF THE RIGHTS OF ELS AND MAY RESULT IN LEGAL ACTION AGAINST YOU.